MCU14/0087 Notice of Submission - Dennin Nancarrow

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Notice of Submission under the Sustainable Planning Act 2009

MCU 14/0087

Material Change of Use - Retail Business Type 2 - Shop

13 Noosa Drive, Noosa Heads 4567



The following     submission details the matters of concerns with the above application                      and
material submitted,




Poorly made application

The application,     planning report and submitted         plans were of poor quality which made
understanding how the businessMtould operate near impossible.

JDASform 5 details the use as a Moveable Trailer yet fails to provide information                   of Hours of
operation    or employee      numbers.    Without     this information     it makes it problematic             in
consideration    of impacts of the development        and in particular the provision of suitable, safe
and to aust standard carparking and access for existing and new customers to the site.

 Gen"",1 explanation of the      Planning scheme           No. at dwelling un~s   Days and          No. of
 prop<l5ed use                   definition Onclude eadl   (if applicable) or     hours of          employees
                                 defin~ion in • new lOw)   gros> Iloor area (if   operation         m awlleebl.)
                                 (nOll-mondaIO/)')         applicahle)            (it applicable)

rt1t'O
L



Some of the submitted plans are numbered to make ease of reading and the legibility is poor.
Plans make reference to "paces" and are in a context that cannot be interpreted .



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  4.     Conllnn     thatlhe    lollo ••,ng mandatory   supporting      inlonnation    aceompani   •• Ihls applica    'on


  M.ndmry       supporting      inlonnalion                                                  COnfirm.allon    of      Method of
                                                                                             lodgement                lodgement

  All .pplications

  A site pan drawn to an aP\XOpriale scale (1:100.1:200             or 1:500 ere             [;}<;cnRrmed
  recommended     """los) which shows the fOllowing:

  • the  loeetion and s~e .rea of lI1e land 10 wIlioh the eppliellti<><l rele1es
    (re/eVWlt W!<I)
  •    the nonh poln!
  •    the boundaries of !he relevant land
  •    any roed fronleges olthe relevaM land, Induding lI1e name of the mad
  •    the loeetion and use 01 any existing or proposed buildings or structures
       on tile I'llievant land (nOle: wiler. extensive demollUon Of new buldings
       are proposed. twO soparate plans len existing Sile plan and ~             site
       pI.1lnlmay be appropriate)
  •    any e>Osting Of proposed cascmtmls on the relevanlland and their
       fUflCtlon
  •    the location and use 01 bui1dil1OSon land odjoining the relevanlland
  •    a" vehlde """"ss points and any existing or proposed car parting •••• s
       on the relevanlland. Car parking spa ••.• lor persons with disabililies end
       any service vehicle access and palklng stlould be cl""rly mB~
  •    tOf'''Y new building on tho ",levant land. me Jocatloo at ",fuse s10rege
  •
  •
       the location of 8f'y proposed retairing walls on the relevant land and melr
       height
       Ihe location of a"Y proposed landscap;ng on tho rel~vant land               .
                                                                                                                                    I
                                                                                                                                    I
       tne location 01 any stormwaler detention on the relevant lanet.                                                              I
  •

The Mandatory             supporting           information      is lacking in its requirements                 in regards to the site
plan provided and there is lack of detail in particular to car parking areas, provision for those
with disabilities, service vehicle access etc.

The applicant            confirmed            that   information         provided        demonstrated               the on site parking
provisions, yet the hand drawn plan (not numbered)                                      merely shows a line demonstrating
where access would occur and no direct provision or plans of car parking spaces.

 When the application          involves new operntlonal      work

 Plan' showklg mo nature. location. number of new on-Site csr panting bays,                 .I2TConfirmed
 proposed area 01 new landsoaping. proposed type 01 08W vehicle cross-over
 (non-reSidentlal uses), proposed maxlmum new vehloo"'r se<Viang
                                                                                             o     Not applicable

 aftangement (non-resldentlal uses) of the proposed new operational woJ1<.



The applicant has also confirmed that plans have been submitted                                           to meet this mandatory
requirement          but those provided do not achieve this requirement.

Due to the poor material submitted it is not possible to ascertain the use area, how operation
will occur, and how car parking will be provided.

Size and Scale of development
The submitted            plans suggest a use area of 9m2 yet this makes no provisions for how the
boards will be loaded and unloaded of trailer. These boards are up to 35m in length and
require to be removed from the trailer to provide to customers. This will in effect make the
use area of the business expand out from the footprint                                  proposed of 3.6m x 204m to approx.
7.5m x 5.4m (40m2). This is in estimation what will be required to service customers as they
chose the hire equipment from the trailer.

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The location of the trailer and the length of boards being removed will also create serious
safety concerns regarding the existing access to the Hire Car business that operates and any
new customers travelling onto the site through the existing heavily congested and conflicted
access point. Boards and customers will be required to stand into the driveway for the site
potentially   forcing pedestrians onto the road way as vehicles are blocked from entering the
site, in turn creating a serious safety concern where in the past 12 months one serious
accident involving a car and pedestrians oc,urred.

One plan labelled Sheet 1 of 3 has the proposed trailer located on the boundary with no front
setback, another plan sows a 2m setback. Again due to the poor quality of material submitted
it is hard to make an assumption of what is being requested.



Compliance with Relevant C:odes

With the submitted      planning material supporting    plans it is difficult to how the application
intends to meet the requirements        of the following relevant Codes, their overall and specific
outcomes.

Business Use Code

  Car Parking
  09 Sufficient carparking is available to               59.1 Off street carparking is provided at a
  accommodate the number and type of vehicles            rate of 1 space per 20m' of gross floor area;
  likelv to be nenerated bv the uses on the site

The applicant within the supporting material has underestimated            the total use area of the
operation.    9m2   is not realistic and in a true sense the activity will require 40m2• As such
carparking need to be provided for 2 vehicle spaces, the included plans and description do
not detail how and where this will occur to the relevant standard.

Driveway and Carparking Code

 14.111.2 The overall outcomes sQught for the Driveways rmd Carparking Code are the foliO'I>;ng-

 a)   Safe and reasonable access to and from vehicle accommodation and standing areas witl1in a
      property and from the public road is provided;

 b)   The safety of pedestrians and cyclists is protected;

 d)    Carparking spaces and the associated manoeuvring areas provided are designed to be safe
       and functional and meet the reasonable requirements of the particular land use;

 e)   Adequate provision is made for tile standing, parting, loading and unloading, access and
      manoeuvring of service vehicles within the development site;


The application fails to demonstrate with material provided how compliance can be achieved
to meet these outcomes. The site presently has a vehicle hire business established which
utilised an unformed gravel carpark for both maintenance and washing of hire vehicles and
their storage and promotion.     Additionally   on site, motor scooters and bicycles are hired and
displayed taking up further land within the sites boundaries .




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The present access to the site is unsafe for both vehicles and pedestrians and there is not
being proposed within plans a car parking layout to meet standards for customers or delivery
vehicles. Vehicles accessing the site have the potential to block the pedestrian flow along
Noosa Drive in turn forcing pedestrians onto the busy road.

  Table 14-49 -    Driveways

                       column 1
                    Specific Outcomes
  14.113 General
  01     Vehicular access does not adversely impact on
  safety, capacity and operations of the existing or
  planned road network, the proposed driveway,
  cycleways or pedestrian pathway systems.


Allowing an additional    use to occur on site that may require deliveries, and customers to
collect hire equipment   will only increase the possibility of safety being compromised   on an
access arrangement which is at present dangerous for pedestrians and cyclists. The applicant
has not demonstrated     compliance.

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    Table 14-50 -    Carparking   and manoeuvring

                          column 1
                     Specific Outcomes
    14.114 Carpark design and layout
    Oi Sufficient carparking is provided to
    accommodate the number and type of vehicles likely
    to be generated by the development having regard
    to the specifics of the use including-
    a)    the type and intensity of land use;
    b)    any existing parking av:;iilable on the site;
    c}    hours of operation;
    d)    likely numbers of users;
    e)    the peak parking demand periods of uses on
          "he site; and
    fl    the availability of alternative caroarkina.
    08      The layout of the development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parking and manoeuvring
          areas; and
    b)    loading and manoeuvring areas for delivery
          and service vehicles




   09 Parking areas are located where they wifl not
   unduly conflict with pedestrians and '.vill not
   dominate the slreetscaoe.
   010 Provision is made for aj"easonable number of
   on site carparking spaces identified and reserved for
   people with disabilities.

    011 Access and egress points do not impact on the
   safety and operations of the road system.




The submitted    plans do not detail how the Specific Outcomes       507, 508, 5010 of the
Carparking Code will be achieved. This again reflects the poorly       made application,   no
consideration   of the existing use on site and limited    understanding   of the Noosa Plan
requirements.   The applicant has not demonstrated   compliance .




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Summary
I do not support the application lodged and advertised as detailed in this submission. I believe
the applicant has failed to demonstrate     compliance with the relevant Use Codes with the
Noosa Plan and as such the application be refused.

The application is,



    •   Poorly made application with inadequate plans to demonstrate        true operational size
    •   Has a size and scale of operation greater than the those submitted on plan
    •   Location is proposed in one set of plans within front boundary setback
    •   Vehicle access is unsafe and additional       traffic   create extreme   safety issues for
        pedestrians
    •   Insufficient space on site to provide carparking for customers at present up to 5 hire
        vehicles and 4 staff vehicles parked at anyone time
    •   No carparking design submitted to meet aust standards
    •   No vehicle turnaround    capacity so vehicles leave site in forward direction
    •   Existing carparking surface a non-pervious material making provision and compliance
        with disability access codes not possible
    •   Insufficient   space on site for operation   with existing Hire Car use and associated
        workshop, detailing and vehicle storage requirements.